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Showing Posts In "Canada" Category





Provincial Criminal Court Record Searches [A Guide]

Frequently, the question arises on the suitability of Provincial court record checks to perform their corporate due diligence on new hires or existing employees, versus the Enhanced Criminal Record Check. There are many considerations to take into account when making a choice between the Enhanced Criminal Record search and the Provincial Court Record search. What […]


China’s New Privacy Law: The Impact on Canada and Beyond

On November 1, 2021, China’s new comprehensive privacy law, the Personal Information Protection Law went into effect. Officially adopted on August 20, 2021, by the National People’s Congress of China, the PIPL is a key pillar of an emerging framework of privacy regulation in the People’s Republic of China, which already includes the Data Security […]


Checkr Acquires ModoHR Technologies Inc.

Checkr, the leading technology company powering the future of work, has acquired ModoHR, a Canadian-based background check company. ModoHR provides customers with scalable and compliant solutions to conduct accurate background checks through their leading ScreeningCanada™ platform. The ScreeningCanada.ca platform is a comprehensive and dynamic application offering customers a single, unified workflow for requesting and monitoring […]


Restricted Drugs Now Possible Through the Special Access Program

At the start of the year, the Food and Drug Regulations were amended to allow practitioners to request access to restricted drugs through the Special Access Program (SAP). Health Canada revised its Special Access Program for drugs: Guidance document for industry and practitioners to reflect these amendments.

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Catch Me If You Can: How to Conduct Pre-Employment Job Applicant Checks

Federal privacy legislation regulates when, and to what extent, employers can collect, use and disclose information on an applicant, including when conducting internet searches. Federal legislation is the Personal Information Protection and Electronic Documents Act and the provinces of British Columbia and Alberta each have their own legislation, the Personal Information Protection Act. Each is […]


Woman accused of posing as a nurse in Ontario may have operated in Vancouver

A woman charged in Ottawa for impersonating a nurse is also under investigation for similar behavior in Vancouver. Brigitte Cleroux was arrested by Ottawa police following an investigation into impersonation, criminal negligence, and fraud-related incidents after allegedly falsely gaining employment and conducting duties as a nurse at a medical and dental clinic in Ottawa. The […]


Bill 64’s Adoption Confirms Overhaul of Québec Private Sector Privacy Law

On September 21, the Québec National Assembly officially adopted Bill 64 – an act to modernize legislative provisions for the protection of personal information. The bill ushers in several new privacy requirements for organizations doing business in Québec. The requirements are now in effect for a period of one, two, and three years. A new […]


White Paper on Modernizing Privacy Protection in Ontario

On June 17, the Ontario Ministry of Government and Consumer Services released a white paper outlining a series of proposals to modernize privacy protection for Ontarians with respect to the private sector, which is currently governed by the federal Personal Information Protection and Electronic Documents Act. The MGCS invites organizations, impacted stakeholders and the general […]


ALBERTA, CANADA COURT DECIDES EMPLOYER CAN RANDOMLY TEST EMPLOYEES IN SAFETY-SENSITIVE POSITIONS FOR DRUGS AND ALCOHOL

In Phillips v. Westcan, 2020 ABQB 764, the Court of Queen’s Bench for Alberta denied an employee’s application for a permanent injunction against his non-unionized employer to prohibit the employer from randomly testing its employees for drugs and alcohol. Phillips v. Westcan is an important decision for non-unionized employers in Canada that wish to make […]


RANDOM ALCOHOL OR DRUG TESTING: WHEN AN EMPLOYER’S RIGHTS INFRINGE AN EMPLOYEE’S RIGHT TO PRIVACY AND INTEGRITY

The validity of drug testing in the workplace has been the subject of extensive case law. Generally, unilaterally implemented random drug testing in a unionized workplace has been found to be impermissible except in limited circumstances, including where there is a demonstrated drug use problem in a dangerous workplace or other “extreme circumstances”. Those cases […]




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